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42 U.S.C. § 4917 — Motor carrier noise emission standards

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4917 — Motor carrier noise emission standards

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Source file: Laws/federal/codes/united-states-code/title-42/section-4917-motor-carrier-noise-emission-standards--689031beeb.md
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Source location: Title 42, Chapter 65, § 4917; chapter-065-noise-control.md

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**(a) Regulations; standards; consultation with Secretary of Transportation** (1) Within nine months after October 27, 1972, the Administrator shall publish proposed noise emission regulations for motor carriers engaged in interstate commerce. Such proposed regulations shall include noise emission standards setting such limits on noise emissions resulting from operation of motor carriers engaged in interstate commerce which reflect the degree of noise reduction achievable through the application of the best available technology, taking into account the cost of compliance. These regulations shall be in addition to any regulations that may be proposed under [section 4905 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4905&num=0&edition=prelim). (2) Within ninety days after the publication of such regulations as may be proposed under paragraph (1) of this subsection, and subject to the provisions of [section 4915 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4915&num=0&edition=prelim), the Administrator shall promulgate final regulations. Such regulations may be revised from time to time, in accordance with this subsection. (3) Any standard or regulation, or revision thereof, proposed under this subsection shall be promulgated only after consultation with the Secretary of Transportation in order to assure appropriate consideration for safety and technological availability. (4) Any regulation or revision thereof promulgated under this subsection shall take effect after such period as the Administrator finds necessary, after consultation with the Secretary of Transportation, to permit the development and application of the requisite technology, giving appropriate consideration to the cost of compliance within such period. **(b) Regulations to insure compliance with noise emission standards** The Secretary of Transportation, after consultation with the Administrator shall promulgate regulations to insure compliance with all standards promulgated by the Administrator under this section. The Secretary of Transportation shall carry out such regulations through the use of his powers and duties of enforcement and inspection authorized by subtitle IV of title 49 and the Department of Transportation Act. Regulations promulgated under this section shall be subject to the provisions of sections 4909, 4910, 4911, and 4915 of this title. **(c) State and local standards and controls** (1) Subject to paragraph (2) of this subsection but notwithstanding any other provision of this chapter, after the effective date of a regulation under this section applicable to noise emissions resulting from the operation of any motor carrier engaged in interstate commerce, no State or political subdivision thereof may adopt or enforce any standard applicable to the same operation of such motor carrier, unless such standard is identical to a standard applicable to noise emissions resulting from such operation prescribed by any regulation under this section. (2) Nothing in this section shall diminish or enhance the rights of any State or political subdivision thereof to establish and enforce standards or controls on levels of environmental noise, or to control, license, regulate, or restrict the use, operation, or movement of any product if the Administrator, after consultation with the Secretary of Transportation, determines that such standard, control, license, regulation, or restriction is necessitated by special local conditions and is not in conflict with regulations promulgated under this section. **(d) “Motor carrier” defined** For purposes of this section, the term “motor carrier” includes a motor carrier and motor private carrier as those terms are defined in [section 13102 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section13102&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 10102 — Definitions

In this part— (1) “Board” means the Surface Transportation Board; (2) “car service” includes (A) the use, control, supply, movement, distribution, exchange, interchange, and return of locomotives, cars, other vehicles, and special types of equipment used in the transportation of property by a rail carrier, and (B) the supply of trains by a rail carrier; (3) “control”, when referring to a relationship between persons, includes actual control, legal control, and the power to exercise control, through or by (A) common directors, officers, stockholders, a voting trust, or a holding or investment company, or (B) any other means; (4) “person”, in addition to its meaning under [section 1 of title 1](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title1-section1&num=0&edition=prelim), includes a trustee, receiver, assignee, or personal representative of a person; (5) “rail carrier” means a person providing common carrier railroad transportation for compensation, but does not include street, suburban, or interurban electric railways not operated as part of the general system of rail transportation; (6) “railroad” includes— (A) a bridge, car float, lighter, ferry, and intermodal equipment used by or in connection with a railroad; (B) the road used by a rail carrier and owned by it or operated under an agreement; and (C) a switch, spur, track, terminal, terminal facility, and a freight depot, yard, and ground, used or necessary for transportation; (7) “rate” means a rate or charge for transportation; (8) “State” means a State of the United States and the District of Columbia; (9) “transportation” includes— (A) a locomotive, car, vehicle, vessel, warehouse, wharf, pier, dock, yard, property, facility, instrumentality, or equipment of any kind rela

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 10102

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 1301 — Establishment of Board

**(a) Establishment.—** The Surface Transportation Board is an independent establishment of the United States Government. **(b) Membership.—** (1) The Board shall consist of 5 members, to be appointed by the President, by and with the advice and consent of the Senate. Not more than 3 members may be appointed from the same political party. (2) At all times— (A) at least 3 members of the Board shall be individuals with professional standing and demonstrated knowledge in the fields of transportation, transportation regulation, or economic regulation; and (B) at least 2 members shall be individuals with professional or business experience (including agriculture) in the private sector. (3) The term of each member of the Board shall be 5 years and shall begin when the term of the predecessor of that member ends. An individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, shall be appointed for the remainder of that term. When the term of office of a member ends, the member may continue to serve until a successor is appointed and qualified, but for a period not to exceed one year. The President may remove a member for inefficiency, neglect of duty, or malfeasance in office. (4) No individual may serve as a member of the Board for more than 2 terms. In the case of an individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, such individual may not be appointed for more than one additional term. (5) A member of the Board may not have a pecuniary interest in, hold an official relation to, or own stock in or bonds of, a carrier providing transportation by any mode and may not engage in another busines

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 1301

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 13102 — Definitions

In this part, the following definitions shall apply: (1) **Board.—** — The term “Board” means the Surface Transportation Board. (2) **Broker.—** — The term “broker” means a person, other than a motor carrier or an employee or agent of a motor carrier, that as a principal or agent sells, offers for sale, negotiates for, or holds itself out by solicitation, advertisement, or otherwise as selling, providing, or arranging for, transportation by motor carrier for compensation. (3) **Carrier.—** — The term “carrier” means a motor carrier, a water carrier, and a freight forwarder. (4) **Contract carriage.—** — The term “contract carriage” means— (A) for transportation provided before January 1, 1996, service provided pursuant to a permit issued under section 10923, as in effect on December 31, 1995; and (B) for transportation provided after December 31, 1995, service provided under an agreement entered into under section 14101(b). (5) **Control.—** — The term “control”, when referring to a relationship between persons, includes actual control, legal control, and the power to exercise control, through or by— (A) common directors, officers, stockholders, a voting trust, or a holding or investment company, or (B) any other means. (6) **Foreign motor carrier.—** — The term “foreign motor carrier” means a person (including a motor carrier of property but excluding a motor private carrier)— (A) (i) that is domiciled in a contiguous foreign country; or (ii) that is owned or controlled by persons of a contiguous foreign country; and (B) in the case of a person that is not a motor carrier of property, that provides interstate transportation of property by motor vehicle under an agreement or contract entered into with a motor carrier of property (other

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 13102

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4905 — Noise emission standards for products distributed in commerce

**(a) Proposed regulations** (1) The Administrator shall publish proposed regulations, meeting the requirements of subsection (c), for each product— (A) which is identified (or is part of a class identified) in any report published under [section 4904(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4904/b/1&num=0&edition=prelim) as a major source of noise, (B) for which, in his judgment, noise emission standards are feasible, and (C) which falls in one of the following categories: (i) Construction equipment. (ii) Transportation equipment (including recreational vehicles and related equipment). (iii) Any motor or engine (including any equipment of which an engine or motor is an integral part). (iv) Electrical or electronic equipment. (2) (A) Initial proposed regulations under paragraph (1) shall be published not later than eighteen months after October 27, 1972, and shall apply to any product described in paragraph (1) which is identified (or is a part of a class identified) as a major source of noise in any report published under [section 4904(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4904/b/1&num=0&edition=prelim) on or before the date of publication of such initial proposed regulations. (B) In the case of any product described in paragraph (1) which is identified (or is part of a class identified) as a major source of noise in a report published under [section 4904(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4904/b/1&num=0&edition=prelim) after publication of the initial proposed regulations under subparagraph (A) of this paragraph, regulations under paragraph (1) for such prod

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4905

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4915 — Judicial review

**(a) Petition for review** A petition for review of action of the Administrator of the Environmental Protection Agency in promulgating any standard or regulation under sections 4905, 4916, or 4917 of this title or any labeling regulation under [section 4907 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4907&num=0&edition=prelim) may be filed only in the United States Court of Appeals for the District of Columbia Circuit, and a petition for review of action of the Administrator of the Federal Aviation Administration in promulgating any standard or regulation under [section 44715 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44715&num=0&edition=prelim) may be filed only in such court. Any such petition shall be filed within ninety days from the date of such promulgation, or after such date if such petition is based solely on grounds arising after such ninetieth day. Action of either Administrator with respect to which review could have been obtained under this subsection shall not be subject to judicial review in civil or criminal proceedings for enforcement. **(b) Additional evidence** If a party seeking review under this chapter applies to the court for leave to adduce additional evidence, and shows to the satisfaction of the court that the information is material and was not available at the time of the proceeding before the Administrator of such Agency or Administration (as the case may be), the court may order such additional evidence (and evidence in rebuttal thereof) to be taken before such Administrator, and to be adduced upon the hearing, in such manner and upon such terms and conditions as the court may deem proper. Such Administrator may modify his findings as to the facts

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4915

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 113 — Federal Motor Carrier Safety Administration

**(a) In General.—** The Federal Motor Carrier Safety Administration shall be an administration of the Department of Transportation. **(b) Safety as Highest Priority.—** In carrying out its duties, the Administration shall consider the assignment and maintenance of safety as the highest priority, recognizing the clear intent, encouragement, and dedication of Congress to the furtherance of the highest degree of safety in motor carrier transportation. **(c) Administrator.—** The head of the Administration shall be the Administrator who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be an individual with professional experience in motor carrier safety. The Administrator shall report directly to the Secretary of Transportation. **(d) Deputy Administrator.—** The Administration shall have a Deputy Administrator appointed by the Secretary, with the approval of the President. The Deputy Administrator shall carry out duties and powers prescribed by the Administrator. **(e) Chief Safety Officer.—** The Administration shall have an Assistant Federal Motor Carrier Safety Administrator appointed in the competitive service by the Secretary, with the approval of the President. The Assistant Administrator shall be the Chief Safety Officer of the Administration. The Assistant Administrator shall carry out the duties and powers prescribed by the Administrator. **(f) Powers and Duties.—** The Administrator shall carry out— (1) duties and powers related to motor carriers or motor carrier safety vested in the Secretary by chapters 5, 51, 55, 57, 59, 133 through 149, 311, 313, 315, and 317 and by section 18 of the Noise Control Act of 1972 ([42 U.S.C. 4917](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section491

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 113

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4917 — Motor carrier noise emission standards

Page 6254 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4917 emission regulations for surface carriers en- gaged in interstate commerce by railroad. Such proposed regulations shall include noise emis- sion standards setting such limits on noise emis- sions resulting from operation of the equipment and facilities of surface carriers engaged in interstate commerce by railroad which reflect the degree of noise reduction achievable through the application of the best available technology, taking into account the cost of compliance. These regulations shall be in addition to any regulations that may be proposed under section 4905 of this title. (2) Within ninety days after the publication of such regulations as may be proposed under para- graph (1) of this subsection, and subject to the provisions of section 4915 of this title, the Ad- ministrator shall promulgate final regulations. Such regulations may be revised, from time to time, in accordance with this subsection. (3) Any standard or regulation, or revision thereof, proposed under this subsection shall be promulgated only after consultation with the Secretary of Transportation in order to assure appropriate consideration for safety and techno- logical availability. (4) Any regulation or revision thereof promul- gated under this subsection shall take effect after such period as the Administrator finds nec- essary, after consultation with the Secretary of Transportation, to permit the development and application of the requisite technology, giving appropriate consideration to the cost of compli- ance within such period. (b) Regulations to insure compliance with noise emission standards The Secretary of Transportation, after con- sultation with the Administrator, shall promul- gate regulations to insur

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 4917

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